ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Chapter 335-3-3 Extract
Control of Open Burning and Incineration
335-3-3-.01(2) Open burning may be conducted for the purposes listed below and if it meets all the requirements of this paragraph. Authority to conduct open burning under the provisions of this paragraph does not exempt or excuse a person from the consequences, damages, or injuries which may result from such conduct, nor does it exempt or excuse a person from complying with all applicable laws, ordinances, regulations, and orders of governmental entities having jurisdiction, even though the open burning is conducted as specified in this paragraph.
(a) Open burning of vegetation or untreated wood may be conducted if it is generated by clearing or maintaining land, or from demolition or operations conducted for any of the following purposes:
- Erection of any structure;
2. Construction of any transportation, utility, or communications line.
3. Maintenance of rights-of-way;
4. Development or modification of a recreational or commercial area;
5. Plant husbandry practices.
(b) Open burning authorized by this paragraph shall comply with the following conditions:
- The burning must take place on the property on which the combustible fuel originates;
2. The location of the burning must be at least 500 feet from the nearest occupied dwelling located on the property on which the burning is conducted;
3. The burning must be controlled so as to avoid creating a traffic hazard on any public road, street, or highway as a result of the air contaminants emitted;
4. Only vegetation and untreated wood may be burned. It is unauthorized to open burn heavy oils, asphalt products, plastics, vinyl materials, insulation, paper, cardboard, natural or synthetic rubber, salvage or scrap materials, chemicals, garbage, treated or painted wood, or any trash;
5. Initial burning may be commenced only between the hours of 8:00 a.m. and 3:00 p.m. No combustible material is to be added to the fire between 3:00 p.m. and 8:00 a.m. the following day;
6. Burning shall be conducted only when there is good ventilation and when the prevailing wind direction is away from any built-up area in the vicinity. No burning shall be conducted in areas under a current air stagnation advisory issued by the National Weather Service or during a "Drought Emergency" declared by the Governor;
7. The fire shall be attended at all times.
(c) The Director or his authorized representative may impose additional conditions to cover specific open burning situations where additional controls or requirements are deemed necessary to minimize air pollution.
(d) Permission to open burn under the provisions of this paragraph is revoked during the months of May, June, July, August, September and October in Baldwin, DeKalb, Etowah, Jefferson, Lawrence, Madison, Mobile, Montgomery, Morgan, Russell, Shelby and Talladega Counties.
A.D.E.M. Birmingham Office: 205-942-6168